can neighbors sump pump flood my property
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can neighbors sump pump flood my property
neighbors basement sump pump discharges onto sidewalk in front of his house, runs down sidewalk to the entrance walk to my front door, flooding walk and yard
Asked on February 11, 2017 under Real Estate Law, Illinois
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
You can sue your neighbor for nuisance, which is an unreasonable interference with the use and enjoyment of your property.
Damages (monetary compensation) are an inadequate remedy because the flooding is ongoing which would result in multiple lawsuits and because land is unique.
Since damages are inadequate, the remedy to pursue in your lawsuit is an injunction to stop your neighbor from flooding your property.
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